The Wall That Changed Everything

Public Disclosure was brought about by the Current Board Majority's Accusations May 5, 2026 Letter to HOA:


"Additional Observations:  The Board is also aware of other actions by Director LaBruzzo and situations that have raised concerns among members, including Expenses incurred in connection with a request to rebuild a retaining wall behind a member’s residence, when the Declaration had a provision that allowed for a simple solution"  

Response: This characterization leaves out important context. At the time the retaining wall matter was originally evaluated, the Board determined that the encroachment needed to be addressed under California Civil Code § 4600, rather than through the 1995 Declaration provision the Board later characterized as providing a “simple solution.” The options presented to the homeowner were therefore based on the Board’s determination at that time.

After the Association changed legal counsel, the Board subsequently reached a different conclusion and determined that the matter could instead be resolved using the Declaration’s existing encroachment provision. That is the approach the Board ultimately adopted.

The May 5 statement omits this sequence and creates the impression that an obvious “simple solution” was available but disregarded during the earlier handling of the matter. That is not an accurate representation of what occurred. The Board’s interpretation of how the matter could be resolved changed after the Association changed legal counsel.